Prosecutor: 'Public safety emergency' looming due to funding at his office

MUNCIE, Ind. − Eric Hoffman, Delaware County prosecutor, told the Delaware County Council this week that the loss of one more deputy prosecutor from his staff would place the community in a "public safety emergency."

Hoffman is preparing to ask the council next month for an increase of $10,698 in base salaries for each of the 10 deputy prosecutors on his staff, taking them from $74,302 to $85,000 annually. Additionally, Hoffman said in a letter to council members, that he proposes to make each deputy prosecutor eligible for an additional salary stipend ranging up to $10,000.

"That amount, which will be determined by myself along with the council’s approval, can be adjustedannually depending on each deputy’s level of experience and job performance," the letter stated.

"Our resources are stretched so thin that we are at a tipping point," Hoffman told the council Tuesday. "Without additional funding I can no longer perform my constitutional duty as prosecuting attorney."

Contributing to financial woes has been a rocketing increase in violent crime in Delaware County that the prosecutor said he does not expect to abate anytime soon.

Hoffman said in 2018 Delaware County had three murders, in 2019 the county had only one. In 2020, there were eight murders in the county. In 2021, there were nine local murders and 11 in 2022.

Murder prosecutions are expensive, with expert witnesses, autopsies, toxicology reports and other tests ‒ as well as responding to defense contentions regarding claims of insanity and other defenses ‒ that require addition experts to aid the prosecutions.

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Hoffman, who recently completed a triple homicide case, said he has already spent about one quarter of its budget witness fees, "and we're just coming out of February."

The prosecutor is asking for a $60,000 increase in fees for witnesses, additional legal services and transcripts and trial depositions.

The requests are coming outside of the regular budget process and follow a salary increase of 5 percent last year for county employees approved by council late last year. Also last year, as Hoffman noted in his letter to council, Court Administrator Emily Anderson received a salary increase from council.

"The Court Administrator, who does not have a law degree nor a law license will make $69,000. This is a mere few thousand less than deputy prosecutors who prosecute major felony cases including murders and other violent offenses." Hoffman wrote. "To me, this is a huge disparity that must be corrected."

In October, Hoffman said he lost two deputy prosecutors who took other jobs. He was able to replace one and is still looking for another.

"Nobody wants the job for what it pays," Hoffman told the council.

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Based on a workload study, Delaware County is the ninth most under-staffed prosecutor’s office in the state while being 16th in population.

"I wondered why I was tired all the time," Hoffman said.

But the prosecutor said he is awaiting the outcome of legislation in the General Assembly that could provide state funding for additional deputy prosecutors in counties across the state before seeing if he needed to come ask for more positions from the county.

Hoffman noted that public defenders have a cap on their caseloads and can maintain lucrative legal practices outside of their criminal defense work. That is not an option for deputy prosecutors.

He said the pay scale for deputy prosecutors in Delaware County ranks below other counties, including smaller ones that don't usually have murder cases.

"We have 10 deputy prosecutors in the county," he said. "Think how many police officers we have."

The police for the state, county and municipalities are all producing cases for the prosecutor's office. Hoffman said he could see a time that he would have to tell victims of crimes, such as burglary, that he could not prosecute the perpetrator.

Council members seemed sympathetic to Hoffman's requests.

Council Member Ryan Webb noted that the $10,000 raise Hoffman was requesting would be on top of the 5 percent raise provided county employees in the current year's budget.

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Hoffman said he and Chief Deputy Prosecutor Zach Craig are both paid directly by the state.

"If the deputy prosecutors aren't paid enough and they quit, He (Craig) and I can't prosecute the 35,000 criminal cases that are pending in Delaware County. It can't happen," Hoffman said. "Something's got to give."

The prosecutor then reminded the council that state law provides that council "shall appropriate" to maintain the prosecutor's office − meaning it is a direct obligation in law that differs from many other agencies the county funds.

No action was taken at the meeting. County Council President Jessica Piper thanked Hoffman for talking to the council before making his formal request expected later this month.

This article originally appeared on Muncie Star Press: Prosecutor: 'Public safety emergency' looms due to funding needs